22 November,2010 07:01 AM IST | | Vinod Sampat
I have a flat in a registered society at Belapur, Navi Mumbai.u00a0 I am paying the maintenance charges that includes maintenance of gym and swimming pool.
I have learnt that as per the bylaws the maintenance of gym and swimming pool falls outside the ambit of general maintenance.u00a0Bala Subramaniam
Both gym and swimming pool require maintenance. It appears that resolution has been passed by the society to collect charges for its maintenance under the head general maintenance.
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The society has every right to collect the said amounts under the head maintenance charges. If a society passes a resolution through its general body, then the member should either abide by it or challenge it.
A resolution, unless set aside by a court, would be binding on the member.
I have been a member of a cooperative housing society since 1997. I had applied for a parking space and had the acknowledgement of the committee members, while there are members in the society much senior than who had not applied for the same.
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In 2008, three new parking slots were created in the building by shifting the water pump, etc and we were allotted the parking space for which we paid Rs 1 lakh interest free deposit to the society, returnable after six years from 2008. This was towards the costs incurred on creation of the new parking.
Now during the AGM, the members by majority passed a resolution that the three new parking slots should be allotted to the society members on the basis of seniority. This is unfair and I want to challenge the society since I believe:
The practice of the society should not be based on voting and especially not after 30 months of allotment of parking space to me.
The parking slots should be allotted on merit and not on seniority.
We have the allotment letter and copy of the cheque of Rs 1 lakh paid to the society and also a letter saying that we are the first member in the waiting list.
As of date, I am parking my vehicle at the space allotted to me. Just passing the resolution on majority is unfair. How should I proceed? Nishit Shah
In the given case, the parking space is in use and occupation by you.
You can challenge the alleged resolution passed by the general body as an act of oppression on the minority by the majority.
Just to give an example, the High Court has held that service charges should be recovered equally irrespective of the size of the flat, in the landmark judgment of Venus Co-operative Housing Society Ltd, Others &u00a0 v/s Dr J Y Detwani & Others. Even the bylaws of the society recognise the need to apply for parking space.
The letter of the society confirming that you are first on the waiting list will also be of help to you. Similarly, the payment made by you to the society will also strengthen your case.
You can approach the co-operative court and make the society as well the other persons who have staked a claim in the parking space, a party to the said proceedings.
The fact that you are parking your vehicle at the said premises will help you in getting an order to continue parking the vehicle at the said place till the court decides the issue.
